Court Expands Definition of a Workplace
The United States Court of Appeals for the Second Circuit has overturned an earlier court ruling holding that Delta Air Lines could be potentially liable under sexual harassment law for a rape that occurred when two flight attendants were off duty in a hotel room. The ruling is significant because it expands the definition of work environment under sexual harassment law. The Court found that because Delta had rented rooms at the hotel, provided transportation to the hotel, and expected workers to stay there during their layover it was part of their work environment. The Court also found that Delta was potentially liable for maintaining a hostile work environment because of two previous complaints against the alleged rapist that it had not responded to. Delta has filed an appeal, arguing in part that it was a "dangerous and unprecedented expansion of sexual harassment law," and could negatively affect companies that have employees who travel.
See "Court Expands Definition of a Workplace", Steven Greenhouse, The New York Times, January 6, 2002